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When traveling to Mexico, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if work authorization will be required. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Mexico, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in Mexico for a limited duration. Additionally, foreign nationals who have permanent residence or a valid visa to enter Canada, Japan, the Schengen Area, the United Kingdom or the United States, and permanent residents of the Pacific Alliance member countries (Chile, Colombia and Peru) are permitted to enter Mexico to conduct business activities without a visa.
Foreign nationals who are not eligible to enter Mexico on visa-waivered status must obtain a Visitor Visa for Non-Remunerated Activities from a Mexican Embassy or Consulate prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver or a Visitor Visa.
Mexico is a member of the Asia-Pacific Economic Cooperation (APEC), and foreign nationals in possession of a valid APEC Business Travel Card (ABTC) endorsed with “Valid for travel to MEX” are eligible to enter Mexico on visa-waivered status.
Nationals of Russia and Ukraine are eligible to apply for an E-Visa through the Electronic Authorization System, which is limited to air travel. Please consult with your immigration provider for more information.
Business visitors may be eligible to engage in professional activities in Mexico without obtaining work or residence authorization, as long as the activities are not remunerated in Mexico. Foreign nationals are advised to consult with their immigration counsel prior to travel to verify that their activities are permitted without obtaining work authorization.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Mexico. The most common types of work authorization for Mexico are:
There are no long-term exemptions to work authorization requirements in Mexico.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
IMPACT – MEDIUM
What is the change? Prime Minister Justin Trudeau announced Tuesday that Canada would lift its visa requirement on Mexican nationals on Dec. 1.
What does the change mean? Beginning Dec. 1, Mexican nationals will be able to travel to Canada without first obtaining a visa. Mexican nationals will be required to obtain an Electronic Travel Authorization, or eTA, when traveling to or transiting through Canada, a requirement that is imposed on nationals of all visa-exempt countries except the United States. Mexican nationals who plan on working or studying in Canada will be required to obtain work or study permits at a Canadian embassy or consulate in advance of travel.
Background: Trudeau made the announcement Tuesday at the end of a state visit by Mexican President Enrique Peña Nieto. Lifting the visa requirement will fulfill a campaign promise, after Canada imposed the visa requirement in 2009. Officials said the two countries would work together to finalize the visa waiver in the coming months.
BAL Analysis: The change will eliminate lengthy consular visa processing for Mexican nationals. ETAs are significantly easier to obtain than visas. While work and study permits will have to be obtained prior to travel for those who wish to work or study in Canada, the announcement Tuesday will be welcome news to Mexican nationals who travel frequently to Canada.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
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What is the change? Mexico has published new regulations that allow visa-required nationals to enter the country without a Mexican visa if they have a valid visa to enter Canada, Japan, the Schengen Area or the United Kingdom. Permanent residents of Chile, Colombia or Peru (the Pacific Alliance member countries) will also be permitted to enter without a Mexican visa. A pre-existing regulation allows U.S. visa holders to enter without a Mexican visa as well.
What does the change mean? Visa-required nationals who hold a valid Canadian, Japanese, Schengen, U.K. or U.S. visa, or Chilean, Colombian or Peruvian permanent residence, will be able to enter Mexico without obtaining a Mexican visa for business, tourism or transit for up to 180 days.
Background: The new regulations were published today in the Official Gazette and take effect immediately. The regulations build on pre-existing policies that allow visa-free entry to visa-required nationals who have a valid U.S. visa or permanent residence in Canada, Japan, a Schengen Area country, the U.K. or the U.S. The changes do not affect visa-waived nationals.
BAL Analysis: The new program will make it easier for a number of visa-required nationals to enter Mexico for business, tourism or transit, but it is not available for stays of more than 180 days nor to visa-required nationals conducting work activities in Mexico.
This alert has been provided by the BAL Global Practice group and our network provider located in Mexico. For additional information, please contact your BAL attorney.
What is the change? Companies in Mexico, particularly those employing a large number of foreign nationals, have been subject to recent compliance visits by immigration authorities.
What does the change mean? Employers should maintain the following documentation on file: (1) A list of foreign employees including full names, nationality and immigration status; (2) A copy of the company’s registration certificate that is required to sponsor foreign employees; (3) Personnel files for all foreign employees, including copies of passport pages and temporary or permanent residence cards.
Background: The inspections are not new, as the National Migration Institute (INM) is authorized by law to visit employers to verify the status of foreign employees. The INM may carry out inspections if it seeks to confirm information a company provided, if it suspects a company is employing foreign workers without proper documents, or if it wants to gather information to prevent immigration violations.
Inspectors may visit without notice and photograph the business premises, and then ask for a legal representative of the company and proceed to conduct the inspection on the spot or make an appointment to inspect, usually within 24 hours.
INM inspectors should appear in uniform, identify themselves and present IDs along with a notice of inspection containing the Ministry of Interior seal that states the purpose of the visit, the employer’s address and the legal grounds for the inspection. After an inspection, the employer should receive an official memo from the INM stating the outcome of the visit, which must be signed by the INM official, the company’s representative and any witnesses.
BAL Analysis: The inspections do not appear to have increased in frequency across the board, but INM has recently focused on employers who rely heavily on foreign workers or who are noncompliant with immigration regulations.
What is the change? Instituto Nacional de Migración offices will be closed from Dec. 18 to Jan. 6.
What does the change mean? Visa and work permit applications that are pending during the closure may be delayed by three weeks or more. Employers and foreign nationals should submit applications as soon as possible, but should also consider steps that may need to be taken while applications are pending.
Background: INM’s offices will close for three weeks for the Christmas and New Year’s holidays. Processing will come to a halt during this period. Applications that are filed now may not be processed and returned before Dec. 18, and it is important that employers and foreign nationals consider any necessary additional steps. Foreign nationals who plan to leave the country for the holidays, for example, may need to apply for and obtain an exit permit before traveling outside of Mexico.
BAL Analysis: Employers with pending work permit applications, work permit renewals or other applications should work with their BAL professional to take steps that could avoid additional delays or difficulties.
What is the change? Mexico has taken steps to make it easier for U.S. nationals and other visa-exempt travelers to cross the U.S.-Mexico border when traveling by land.
What does the change mean? U.S. nationals and other visa-exempt travelers will be able to complete a Multiple Migratory Form (FMM) and pay the required fee online prior to travel rather than at the border.
Background: Prior to the change, U.S. nationals and other visa-exempt travelers crossing into Mexico had to complete an FMM and pay the required government fee of 332 Mexican pesos (USD$20) at the border. They can now do so online prior to travel and will be able to reduce wait times at the border. Those hoping to take advantage of the new program must have a passport with at least six months of validity remaining and must also be exempt from Mexico’s visitor visa requirement. A complete list of those who are visa exempt is available here.
BAL Analysis: The change will streamline border-crossing processes and will be particularly beneficial for business travelers and tourists living near the U.S.-Mexico border.
What is the change? Mexico has issued guidelines that provide more flexible criteria for business visitors and temporary resident applicants and new rules for students.
What does the change mean? The amounts required to demonstrate economic solvency for business and temporary resident applicants have been lowered. Foreign nationals applying for work authorization now have a longer period in which to contact the consulate. Foreign students may now apply for dependent family members to join them in Mexico as temporary residents.
Background: The new guidelines clarify earlier legislation that reduced all visas into three categories. The new criteria will be used by Mexican consulates and immigration offices to make decisions on visas. The main changes are:
BAL Analysis: The guidelines provide welcome clarity to previous changes to Mexican immigration law and generally provide greater flexibility and more options for foreign nationals applying for visas to Mexico.
IMPACT – HIGH
What is the change? India’s Ministry of Home Affairs has delegated nearly all its visa services to Foreign Regional Registration Offices .
What does the change mean? Many services, including extensions, conversions from one type of visa to another, and exit procedures, will now be decided by local FRROs rather than by the Ministry.
Background: In a move to decentralize visa and immigration services, the Ministry has granted more decision-making powers to the FRROs, allowing the Ministry to focus solely on policy.
The FRROs will now have authority over most decisions, including temporary extension of all visas, exit permission for overstays, cancellation of visas, two-year extensions for employment visas, and new visa extensions.
The Ministry will accept referred cases that involve policy matters, including cases involving nationals of “prior reference countries”– i.e., Afghanistan, China, Iran, Pakistan (and individuals of Pakistani origin), Iraq and Sudan.
BAL Analysis: This is a positive development that is being welcomed as a way to streamline services and reduce wait times.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.
IMPACT – LOW
What is the change? The Mexican immigration authorities have made a special form available online that parents submit to give permission for minor children to travel unaccompanied outside Mexico.
What does the change mean? The change relieves parents from the more burdensome alternative of producing a notarized letter of permission.
Background: Last month, a rule took effect that required parents to show special permission before a minor child could travel outside Mexico unaccompanied. Under that regulation, parents had to present a letter that was notarized, legalized or apostilled (depending on the home country). That process was potentially time-consuming, especially if the parents were in the home country and the minor was living in Mexico. On Jan. 3, the National Institute of Migration (INM) made a special permit available on its official website. Parents can download the form, fill it out and submit it, instead of going in person to a notary to get a letter properly authorized.
BAL Analysis: The online form will ease compliance with the rule requiring parental permission for minors traveling outside Mexico.
This alert has been provided by the BAL Global Practice group and our network provider located in Mexico. For additional information, please contact GlobalVisaGroup@bal.com.
IMPACT – High
What is the enforcement measure? The Mexican government’s immigration agency, the National Institute of Immigration, is contacting employers that have recently filed work authorization applications for foreign workers and is requesting verification of information contained in the applications.
Background: In the past few weeks, employers who have recently filed for work authorization and temporary resident visas for foreign workers have been receiving phone calls from Mexico’s immigration agency, the National Institute of Immigration (INM). The unannounced policy began in the INM offices in Mexico City and is expected to spread to the rest of the country.
Officials are asking employers for the following information:
Because the government did not announce this change, the phone calls are seen as a temporary measure to address some problems that arose earlier in the year due to staffing changes and the removal of corrupt officials.
BAL analysis: To avoid delays, employers that have filed applications in the past few months should make sure a company representative is on hand and able to answer questions regarding foreign employees.